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Order of the Court (Seventh Chamber) of 24 September 2007. # Miguel Torres SA v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM). # Appeal - Community trade mark - Application for the figurative mark ‘Torre Muga’ - Opposition proceedings - Earlier international and national word mark ‘TORRES’ - Likelihood of confusion - Opposition rejected. # Case C-405/06 P.
ECLI:EU:C:2007:546
62006CO0405
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(Case C‑405/06 P)
Appeal – Community trade mark – Application for the figurative mark ‘Torre Muga’ – Opposition proceedings – Earlier international and national word mark ‘TORRES’ – Likelihood of confusion – Opposition rejected
1. Community trade mark – Definition and acquisition of the Community trade mark – Relative grounds for refusal – Opposition by the proprietor of an earlier identical or similar mark registered for identical or similar goods or services (Council Regulation No 40/94, Art. 8(1)(b)) (see para. 32)
Re:
Appeal against the judgment of the Court of First Instance (Second Chamber) of 11 July 2006 in Case T-247/03 Torres v OHIM and Bodegas Muga, by which the Court dismissed the action brought against the decision of the First Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 7 April 2003 (Case R 998/2001-1) relating to opposition proceedings between Miguel Torres SA and Bodegas Muga SA.
Operative part:
The appeal is dismissed;
Miguel Torres SA is ordered to pay the costs.